TNAG-1571-FCO40-2137-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 24

CONFIDENTIAL

DRAFT LETTER TO HONG KONG ON NATIONALITY/IMMIGRATION POINTS

On the basis of the specific questions asked in CAPIC's letter of 10 September

1986 a Q & A brief is attached. Items from the answers could be used in any

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statement that CBF wishes to make.

The annex to CAPIC's letter raised a number of points which have not been addressed

in the Q & A brief.

1.

At Para 1, last two sentences:

"The BNA distinguishes between service overseas working directly

for HMG of the UK and service under the government of a dependent

territory, ie Hong Kong. The former gives entitlement to full British

citizenship, the latter gives entitlement to registration as a BDTC."

If this statement were true all LEPs, employed as they are by HMG would be entitled

to full British citizenship; this is planly not the case. Those serving outside

the United Kingdom in Crown Service under the government of the United Kingdom

need not necessarily satisfy the requirements specified in Section 6 (2) of the

British Nationality Act 1981, which relates to the period of time an applicant

is required to have lived in the United Kingdom. This is however, very far from

amounting to an entitlement to full British citizenship.

The terms of the British Nationality Act allow those in Crown Service overseas

to apply for naturalisation but the conditions set out at Section 6 (1)(b) to (d),

which relate to the applicant's good character and knowledge of English etc

have to be met. Similarly, the Home Office expect in these cases that applicants

will have shown long and outstanding service and will have some connection with

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CONFIDENTIAL